Header pic
These guys are incredible! When my home got destroyed from flooding these guys saved the day. They’re very knowledgeable and were able to get the insurance company to pay me what I deserved. Orlando Homeowner

Understanding Water & Flood Damage Claims

Claim Tip: Water damage and flood damage are often thought of as the same event or peril. In fact, they can be completely different with one being covered and one excluded under common property insurance policies. Be careful with the terminology you use with your insurance company when you call in your claim.

Water Damage Insurance Claims

A water disaster can strike anytime anywhere. Generally the occurrences are sudden and unexpected and the damages are often very difficult to detect depending on the specific nature of the loss. It has been widely reported in the insurance industry that the most frequent type of loss is from water. Events such as frozen pipe leaks, broken pipes, leaks from appliances, sewage backup, water entering from an opening in roofs and other elevations of a building due to heavy or driven rain are typical water losses that are covered under most risk property policies. For those who have had no prior experience in handling an insurance claim, the policy language can be very confusing at best. To receive fair compensation for a loss, it is advantageous to have an experienced claims advocate advising you as the method for adjusting such losses can be highly technical and impact the way the settlement is determined.

Once a water loss has occurred, the single most important thing you need to do is begin proper emergency mitigation. Removal and dry out should begin immediately. Consider employing an experienced public adjuster to guide you through this process. How a water loss is handled in the first 24 hours can be critical in the outcome of your property damage claim. As an example, we often see insurance company adjusters interested in saving money for the carrier neglecting to remove baseboards and other finishings. This prevents air to circulate throughout a building's wall system. Wet carpet needs to be pulled in total or you may be harboring conditions which could lead to further damage or mold conditions. Sticking a blower in an up-lifted corner of carpet will not get the job done as often the padding is soaked and needs to be replaced.

Consider exercising your option to bring in your own water extraction company, restoration specialist, or dry out firm. The carriers preferred vendor is not always the best choice since they may be operating under cost constraints that limit their ability to do the best job. Regardless, it is extremely critical that you DO NOT sign any work authorization forms without an agreement from the insurance company or their representative adjuster to approve the charges. A public adjuster can help guide you through this process.

The next step in determining the extent of the damages involves the use of moisture detectors, hygrometers, and the use of infrared cameras to determine the exact location of the water. If the insurance company adjuster does not follow this protocol, the outcome of the settlement will be greatly impacted and the complete restoration and dry out process of the insured property could be in jeopardy.

Additionally, proper disinfectant products need to be applied to prevent any bacteria, fungi, or mildew from causing further damage. If this step is not adhered to, the insurance company’s next approach may be to examine the claim according to the mold provisions and limitations of the subject policy. This is of great concern due to the fact that mold limitations and coverage are restrictive notwithstanding the complex mold laws, which are vastly different in every state. Please refer to the Mold section of this website for additional details.

You should be aware of something called a Black Water Loss. The handling of this type of loss is completely different and requires special care and treatment. A black water loss results from sewage or other chemical toxins in the water being released in your home or business. Simply drying out this type of moisture is not going to rid your property of these issues. There may be life, health and safety issues that need to be addressed when cleaning up a black water loss.

Any type of water loss generally takes time for the effects of the water damage to show up. Wood and other types of finishes and furnishings may take days to dry. Often separation and splitting will not start to show up until much later. An experienced pubic adjuster at Tutwiler & Associates will work with you and the restoration company to coordinate the very important issues water losses can present in order to protect your damage claim.

Finally, because water damage is the most frequent type of insurance loss and thus cause the greatest expense to the insurance company, we are seeing some insurance companies trying to shift this cost to the policyholder even though the policy covers the peril of water. A new trend is putting language in the policy that says any water loss that is reported past a 14 day period will not covered. If water damage is covered from day one through day thirteen, how does a water loss stop being covered and how do you determine if a water loss is 13 or 17 days old? This is devastating to homeowners, particularly to snowbirds in Florida who are away part of the year or owners away from their property on vacation or for business. Pay attention to this and understand your policy. It is a big deal and could prove to be very costly. Policyholders should be up in arms on this issue and contact their local legislative office and their Office of Insurance Regulation.

Flood Insurance Claims

The peril of flood has traditionally been uninsurable in the private insurance market due in part to the extreme risk and exposure flooding can cause. In 1968 the federal government enacted a law that set up the National Flood Insurance Program (NFIP) to provide assistance to residents and commercial property owners who purchased a flood policy. Today, most all flood matters are run by the private insurance carriers. So keep in mind that your standard property insurance plan does not cover flood. You must buy a separate policy from a private insurer. At the end of the day the U.S. Government will pay back all amounts the private market carrier has paid out plus a service fee to the insurance company who serviced the flood loss claim.

There are many complex issues involved in the NFIP program in terms of filing a flood claim. One of many unique coverage issues relates to the definition of “flood” under the NFIP. As an example, in order to qualify as a “flood” there must be “a general and temporary condition of partial or complete inundation of two or more areas of normally dry land area or of two or more properties (at least one of which is your property) from an overflow of inland or tidal waters; unusual and rapid accumulation or run-off of surface waters from any source; mud flow.” In plain English, a flood is an excess of rising water (or mud) on land that is normally dry. A flood can stem from heavy rains, overflowing rivers, thawing snow, flash flooding and hurricane storms surges. The resulting damage from a flood event can include all types of complex issues, which will require expert analysis in order to prove the damages and support the claim. Our handling of Superstorm Sandy flood claims has proven this out.

Also, be aware that if you have flood damage and have to use a water restoration dry-out company, you need to understand the rules in which FEMA and the National Flood Insurance Programs pays. If not, you may get stuck with a huge bill to pay or a lien on your property. Ever since Superstorm Sandy, these restrictions have become even more onerous. Here are the official FEMA Structural Drying Guidelines.

As public adjusters who deal with flood issues on a regular basis, we recommend you read and understand your flood insurance policy before a loss, as it is limited in amounts and scope of coverage. Remember that the flood adjuster that is sent out by your insurance company typically has no real authority. He or she can only write up a claim and submit it for payment consideration. Please read this article about adjusting a flood claim. While somewhat technical, it will give you an idea of your insurance adjuster is following best practices. If you have a flood loss to your insured property, you need to be very mindful of the 60 day provision for filing a flood proof of loss. This places additional pressure on the insured policyholder to get all their damage documentation together in what can be a very limited amount of time. If this is not waived by an authorized government official (you need to get the printed copy of the waiver) and you do not have your proof-of-loss form submitted within sixty days, it is likely your claim will not be paid!

Naturally there will be numerous insurance claims filed following a major disaster or flood event. As our claims adjusters have witnessed many times before, it may take a very long time for the relief efforts to reach your specific area. One also needs to factor in the amount of claims that will be assigned to the carrier adjusters that will be hired to adjust thousands of flood claim losses. As a result, it may take your adjuster a considerable amount of time before they will have the opportunity to reach your property. In these situations, we recommend being proactive by hiring a public adjuster who can dedicate his/her time to your specific claim in detail so you receive everything you are entitled to.

FAQs About Water, Flood Damage

Collapse All Expand All
No, this is defined as a water loss and would not be covered under the NFIP.

There are 2 types of valuations: Replacement Cost Value (RCV) or Actual Cash Value (ACV)

Replacement Cost Value (RCV) represents the cost to replace that part of a building that is damaged (without depreciation). To be eligible, three conditions must be met:

1. The building must be a single-family dwelling, and

2. Be your principal residence, meaning you live there at least 80 percent of the year, and

3. Your building coverage is at least 80 percent of the full replacement cost of the building, or is the maximum available for the property under the NFIP.

Actual Cash Value (ACV) represents the Replacement Cost Value at the time of loss, less the value of its physical depreciation. Some building items such as carpeting are always adjusted on an ACV basis. For example, wall-to-wall carpeting could lose between 10–14 percent of its value each year, depending on the quality of the carpeting. This depreciation would be factored in the adjustment. Personal property is always valued at ACV.

Probably not, each water loss is fact specific and needs to be looked at and managed by a trained public adjuster that represents your interests.
If the building surface was damaged by water, it is a water loss. The mold is considered a manifestation of a water loss. Remove all water damaged items which include the mold damage. We would and have argued that all water damaged building material has to be taken out because of water (which came first) and this includes the mold growing on the water damaged surface.
No, unless the NFIP definition of a flood is met.

·   Damage caused by moisture, mildew, or mold that could have been avoided by the property owner

·   Currency, precious metals, and valuable papers such as stock certificates.

·   Property and belongings outside of a building such as trees, plants, wells, septic systems, walks, decks, patios, fences, seawalls, hot tubs, and swimming pools.

·   Living expenses such as temporary housing.

·   Financial losses caused by business interruption or loss of use of insured property.

·   Most self-propelled vehicles such as cars, including their parts (see Section IV.5 in your policy).

Most NFIP policies include ICC coverage, which applies when flood damages are severe. ICC coverage provides up to $30,000 of the cost to elevate, demolish, or relocate your home. If your community declares your home "substantially damaged" or "repetitively damaged" by a flood, it will require you to bring your home up to current community standards. The total amount of your building claim and ICC claim cannot exceed the maximum limit for Building Property coverage ($250,000 for a single-family home). Having an ICC claim does not affect a Personal Property claim (up to $100,000), which is paid separately. Water damage and flood losses, can be very challenging for commercial and residential property owners alike. Please consider seeking the assistance of a trained and experienced public adjuster at Tutwiler & Associates to help you navigate the property claims challenges that are likely to arise.

·   Personal belongings such as clothing, furniture, and electronic equipment

·   Curtains

·   Portable and window air conditioners

·   Portable microwave ovens and portable dishwashers

·   Carpets not included in building coverage (see above)

·   Clothes washers and dryers

·   Food freezers and the food in them

·   Certain valuable items such as original artwork and furs (up to $2,500)

Remember that every policy is different and must be reviewed by an experienced claims adjuster to specifically define your coverage. In general the following items would be covered:

·       The insured building and its foundation

·       The electrical and plumbing systems

·       Central air conditioning equipment, furnaces, and water heaters.

·       Refrigerators, cooking stoves, and built-in appliances such as dishwashers.

·       Permanently installed carpeting over an unfinished floor.

·       Permanently installed paneling, wallboard, bookcases, and cabinets.

·       Window blinds.

·       Detached garages (up to 10 percent of Building Property coverage). Detached buildings (other than garages) require a separate Building Property policy.

·       Debris removal.

Probably not as there may be exclusions for water that seeps through walls.

Tell Us About Your Claim

Select how you like us to respond
CAPTCHA image
Enter the code shown above in the box below.
 

Local Office

Charles R. Tutwiler & Associates Inc.
Licensed Public Insurance Adjusters & Loss Consultants
Offices: Tampa, Orlando, Hollywood, Palm City, Florida; Dallas, TX; Pittsburgh, PA

Executive Office
4300 W. Cypress St.
Suite 780
Tampa, FL 33607
Phone: 813.287.8090
Toll Free: 800.321.4488

Licensed in Florida # W840088 &
Texas #1399706 plus 16 other states
and the Virgin Islands